Nebraska Revised Statute 25-21,128

Chapter 25 Section 21,128

25-21,128.

Action by claimant against incumbent of office; judgment for plaintiff; effect.

If judgment is rendered in favor of such claimant, he shall proceed to exercise the functions of the office, after he has qualified as required by law.

Source

  • R.S.1867, Code § 711, p. 518;
  • R.S.1913, § 8335;
  • C.S.1922, § 9287;
  • C.S.1929, § 20-21,119;
  • R.S.1943, § 25-21,128.

Annotations

  • Officer may qualify after judgment where failure to do so earlier was not own fault. State ex rel. Barton v. Frantz, 55 Neb. 167, 75 N.W. 546 (1898).

  • If relator is found entitled to hold over, must then requalify. State ex rel Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).